Section 82: Interpretation.

In this Act—
“assets” includes “funds” or “property” and funds or property refers to assets of every kind whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to or interest in such assets, including but not limited to bank credits, travelers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts or letters of credit;

“asset manager” means a person authorised by the relevant organization to fulfil the functions mentioned in section 14 (1)(a) of this Act;

“authorised officer” means a qualified person, who is—
(a) a member of staff of the relevant organisation or persons so designated by the head of the relevant organisation; and
(b) any other person included in a class of persons declared by the regulations to be within this definition;

“Attorney-General” means the Attorney-General of the Federation and Minister of Justice;

“benefit” includes service or advantage;

“books” include any books of account, deed, paper, writing, or document, and any record of information, however, compiled, recorded or stored, whether in writing, on microfilm, by electronic process or otherwise;

“child” means a person under the age of eighteen years;

“civil proceedings” refers to proceedings that are civil proceedings and are not criminal proceedings;

“close dependant relative” means—
(a) the person’s spouse; or
(b) child.

“confiscation” which includes forfeiture where applicable means the permanent deprivation of funds or other assets by order of a competent authority or a Court;

“confiscation order” means, an order made under section 45 of this Act;

“controlled property” has the meaning given to it by section 58 of this Act;

“conveyance” means, a mode of transportation, and includes an aircraft, a vehicle, and a vessel;

“convicted person” for the purpose of recovery of proceeds of criminal activities means, the person—
(a) is convicted for the offence;
(b) is sentenced for the offence, notwithstanding that the Court in passing sentence took into account an offence of which he has not been found guilty; or
(c) absconds in connection with the offence;

“Court” means the Federal High Court, Federal Capital Territory or State High Court;

“data” includes—
(a) information in any form; and
(b) any programme or part of a programme;

“data held in a computer” includes data held in—
(a) any removable data storage in electronic devices for the time being held in a computer;
(b) data storage in electronic devices on a computer network of which the computer forms a part; and
(c) data held in any remote storage in electronic devices to which data has been sent from the computer.

“data storage device” means a thing containing, or designed to contain data;

“date of conviction” in relation to a person’s conviction of an offence, means, in the case of a person—
(a) charged with, and found guilty of an offence, the day on which the person was found guilty of the offence; or
(b) who absconds, the day on which the person is taken to have absconded in connection with the offence;

“deal” when used in relation to a person’s property, includes—
(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt;
(b) removing property from Nigeria;
(c) receiving or making a gift of property; and
(d) where property is covered by a restraint order, engaging in a transaction that has the direct or indirect effect of reducing the value of the person’s interest in the property, and “dealing” shall be construed, accordingly;

“derived”, in relation to a person having derived proceeds, a benefit or wealth, includes any other person who at the request or direction of the person, having derived the proceeds, benefit, or wealth directly or indirectly;

“detained cash” means cash or items that have been seized and detained under this Act;

“Directorate’’ means the Directorate of Proceeds of Crimes Management in the relevant organisation;

“encumbrance” in relation to property, includes any interest, mortgage, charge, right, claim, and demand in respect of the property;

“evidential material” means evidence relating to—
(a) property in respect of which action has been or could be taken under this Act; or
(b) benefits derived from the commission of a relevant offence;

“forfeited property” means property finally forfeited to the Federal Government;

“fund” includes assets of every kind whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to or interest in such assets, including but not limited to bank credits, travelers cheques, bank cheques, money orders, shares, securities, bonds, drafts or letters of credit;

“interest” in relation to property or a thing, means—
(a) a legal or equitable estate, or interest in the property or thing; or
(b) a right, power or privilege in connection with the property or thing, whether present or future, and whether vested or contingent;

“instrumentality of an offence” means property used or intended to be used in or in connection with the commission of an offence, whether the property is situated within or outside Nigeria;

“lawfully acquired”, in relation to property or wealth, means that the property or wealth, and the consideration for it, was lawfully acquired;

“legal practitioner” has the meaning given to it by the Legal Practitioners Act;

“non-conviction based confiscation” means confiscation through judicial procedure related to a criminal offence for which a criminal conviction is not required;

“officer”, in relation to a financial institution or a corporation, means a director, secretary, executive officer, or employee of a financial institution;

“premises” means property and structures that are on the property, including buildings, vessels, boats and vehicles, whether temporary or not and whether designed for habitation or not;

“person’s property” includes property in respect of which a person has a beneficial interest;

“proceedings are concluded” where—
(a) the defendant is acquitted on all counts in proceedings for an offence, on the date he is acquitted;
(b) the defendant is convicted in proceedings for an offence and the conviction is quashed or the defendant is pardoned before a confiscation order is made, on the date the conviction is quashed, or the defendant is pardoned before a confiscation order is made;
(c) a confiscation order is made against the defendant in proceedings for an offence, whether the order is made by the Court or the Court of Appeal, on the date the order is—
(i) satisfied or discharged, or
(ii) quashed and there is no further possibility of an appeal against the decision to quash the order;

“proceeds” means property, whether—
(a) wholly or partly derived or realised, directly or indirectly, from an unlawful activity, and
(b) the property is situated within or outside Nigeria;

“property” includes funds and means assets of every kind, corporeal or incorporeal, moveable or immoveable, tangible or intangible and legal documents or instruments evidencing title or interest to such assets whether situated within Nigeria or outside Nigeria;

“quashing a conviction for an offence” means the—
(a) quashing of a conviction of a person, who had been convicted;
(b) quashing or setting aside of the finding of guilt, where a person had been charged with and found guilty of an offence but discharged without conviction; or
(c) quashing or setting aside of the conviction of a person, who absconded but was later brought before a Court and discharged;

“realisable property” has the meaning assigned to it in section 48 of this Act;

“registration authority”, in relation to property of a kind means, an authority responsible for registration of title to, or charges over property of that kind;

“related offence” means, an offence the physical elements of which are like another offence;

“relevant laws” means laws of relevant organisations, and any other law relating to civil forfeiture, confiscation, and management of proceeds of crime;

“relevant organisation” means the—
(a) Economic and Financial Crimes Commission,
(b) Independent Corrupt Practices and other Related Offences Commission,
(c) National Drug Law Enforcement Agency,
(d) National Agency for Prohibition of Trafficking in Persons,
(e) National Agency for Food and Drug Administration and Control,
(f) Nigeria Customs Service,
(g) Nigerian Financial Intelligence Unit,
(h) Code of Conduct Bureau,
(i) Nigeria Police Force,
(j) Department of State Services
(k) Armed Forces,
(l) Standard Organisation of Nigeria,
(m) Nigeria Maritime and Safety Agency,
(n) Nigeria Immigration Service,
(o) Nigeria Ports Authority,
(p) National Inland Waterways Authority,
(q) Nigerian Security and Civil Defence Corps,
(r) Federal Inland Revenue Service, and
(s) such other organisations as the Attorney-General may designate;

“relevant person” means, a person who has been convicted of, or has been charged with an offence, or it is proposed that the person be charged with an offence;

“restraint order” means an order under Part VI of this Act that is in force;

“seize” means to prohibit the transfer, conversion, disposition, or movement of property based on an action initiated by a relevant organisation, or based on a Court order;

“sufficient consideration” in relation to an acquisition or disposal of property, means a consideration that is sufficient and that reflects the value of the property, having regard solely to commercial considerations;

“unlawful activity” means an act, omission, or conduct, committed directly or indirectly which constitutes an offence or which contravenes a law in force in Nigeria, whether the act, omission or conduct occurred before or after the commencement of this Act or where the offence is committed in a country outside Nigeria, would also constitute an offence if it had been committed in Nigeria; and

“terrorism financing” has the same meaning as defined under the Terrorism (Prevention) Act, No. 10, 2011.